Prayer was offered by the Reverend Jerry Losh, Minister to
Senior Adults, First Baptist Church, Hurricane, West Virginia.
Pending the reading of the Journal of Wednesday, February 24,
2010,
On motion of Senator Williams, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 3110--A Bill to amend and reenact §20-7-1
of the Code of West Virginia, 1931, as amended, relating to
renaming conservation officers to be natural resources police officers.
Referred to the Committee on Natural Resources; and then to
the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 4035--A Bill to amend and
reenact §11-10-5t and §11-10-5z of the Code of West Virginia, 1931,
as amended; to amend and reenact §11-13V-7 of said code; and to
amend and reenact §11-21-54 and §11-21-74 of said code, all
relating to electronic filing of tax returns and electronic funds
transfers in payment of taxes; requiring taxpayers with a tax
liability of $10,000 or more to file electronically; requiring
electronic filing for certain tax preparers and employers;
providing exceptions; and providing a $10,000 tax liability
threshold amount to require taxpayers to pay by electronic funds
transfers.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 4036--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §3-10-3a, relating to the establishment of the Judicial Vacancy Advisory Commission; providing for commission membership
and terms of appointment; requiring written policies and procedures
of the commission; establishing a quorum requirement; requiring
that certain proceedings of the commission be open to the public;
requiring the disclosure of certain documents or materials;
exempting certain meetings from the Open Governmental Proceedings
Act; and exempting certain documents and materials from the Freedom
of Information Act.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage ofEng. House Bill No. 4037--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §13-4-1 and §13-4-2, all relating generally to federal
subsidy bonds and bond financing; defining terms; authorizing
certain bond issuers to receive and use credit payments with
respect to federal subsidy bonds; and exempting the bonds from
taxation.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes,
Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4037) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4037) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4037) takes effect from passage.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage ofEng. Com. Sub. for House Bill No. 4108--A Bill to amend and
reenact article 9, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the various executive or administrative
agencies and the procedures relating thereto; legislative mandate
or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the State Board of Examiners for Licensed
Practical Nurses to promulgate a legislative rule relating to
policies and procedures for development and maintenance of
educational programs in practical nursing (10 CSR 1); authorizing
the Board of Examiners in Counseling to promulgate legislative
rules relating to marriage and family license renewal and
continuing professional education (27 CSR 10), licensed
professional counselor fees (27 CSR 2), licensed professional
counselor license renewal and continuing professional education
requirements (27 CSR 3), marriage and family therapists licensing
(27 CSR 8), and marriage and family therapists fees (27 CSR 9);
authorizing the Board of Medicine to promulgate a legislative rule
relating to fees for services rendered by the Board of Medicine
including assistance to the Board-designated physician health program for physicians, podiatrists and physician assistants (11
CSR 4); authorizing the Conservation Agency to promulgate a
legislative rule relating to the operation of the West Virginia
State Conservation Committee and conservation districts (63 CSR 1);
authorizing the Commissioner of Agriculture to promulgate
legislative rule relating to animal disease control (61 CSR 1),
integrated pest management programs in schools and child care
centers and facilities (61 CSR 12J, West Virginia shellfish (61 CSR
23B), and best management practices for land application of waste
products from aquaculture facilities (61 CSR 27); authorizing the
Board of Barbers and Cosmetologists to promulgate legislative rule
relating to continuing education (3 CSR 11), qualifications,
training, examination and licensure of instructors in barbering and
beauty culture (3 CSR 2), licensing schools of barbering and beauty
culture (3 CSR 3), operation of barber, beauty shops and schools of
barbering and beauty culture (3 CSR 5), schedule of fees (3 CSR 6),
and schedule of fines (3 CSR 7); authorizing the Board of Examiners
for Speech-Language Pathology and Audiology to promulgate a
legislative rule relating to licensure of speech-pathology and
audiology (29 CSR 1); authorizing the Real Estate Appraiser
Licensing and Certification Board to promulgate legislative rules
relating to the requirements for licensure and certification (190
CSR 2) and the renewal of licensure or certification (190 CSR 3);
authorizing the Board of Osteopathy to promulgate legislative rules relating to fees for services rendered by the Board (24 CSR 5),
licensing procedures for osteopathic physicians (24 CSR 1), and the
formation and approval of professional limited liability companies
(24 CSR 4); authorizing the Secretary of State to promulgate
legislative rules relating to early voting in person satellite
precincts (153 CSR 13), Vote-by-mail Pilot Project Phase 1: Class
IV Early Voting by Mail (153 CSR 38) and Vote-by-mail Pilot Project
Phase 2: Voting by Mail (153 CSR 39); authorizing the Board of
Occupational Therapy to promulgate legislative rules relating to
the administrative rules of the Board of Occupational Therapy and
licensure of occupational therapists and occupational therapy
assistants (13 CSR 1), fees for services rendered by the Board (13
CSR 3), continuing education and competence (13 CSR 4), competency
standards for advance practice by occupational therapists and
occupational therapy assistants (13 CSR 5) and ethical standards of
practice (13 CSR 6); authorizing the Board of Psychologists to
promulgate a legislative rule relating to the qualifications for
licensure as a psychologist or a school psychologist (17 CSR 3);
and authorizing the Governor's Office of Health Enhancement and
Lifestyle Planning to promulgate a legislative rule relating to
prescription drug advertising expense reporting (210 CSR 1).
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage ofEng. Com. Sub. for House Bill No. 4110--A Bill to amend and
reenact article 10, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Department of Commerce; legislative
mandate or authorization for the promulgation of certain
legislative rules by various executive or administrative agencies
of the state; authorizing certain of the agencies to promulgate
certain legislative rules in the form that the rules were filed in
the State Register; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee; authorizing certain of the agencies to promulgate
certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature; authorizing the Division of Natural
Resources to promulgate legislative rules relating to commercial
whitewater outfitters (58 CSR 12), deer hunting (58 CSR 50) and
special fishing (58 CSR 61); authorizing the Board of Trustees of
the Outdoor Heritage Conservation Fund to promulgate a legislative
rule relating to the Outdoor Heritage Conservation Fund (205 CSR
1); authorizing the Division of Tourism to promulgate a legislative rule relating to direct advertising grants program (144 CSR 1);
authorizing the Hatfield-McCoy Regional Recreation Authority to
promulgate a legislative rule relating to use of facilities (204
CSR 1); and authorizing the Division of Energy to promulgate a
legislative rule relating to community development assessment and
real property valuation procedures for the Office of Coalfield
Community Development (207 CSR 1).
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 4188--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §61-13-1, §61-13-2, §61-13-3 and §61-13-4, all
relating to creating the Anti-Criminal Street Gang Act; setting
forth prohibited acts and activities in association with or in
furtherance of a criminal street gang; prohibiting the
participation in a criminal street gang; prohibiting the
recruitment of persons for criminal street gangs; prohibiting the
hazing of criminal street gang members or those seeking to become
members; prohibiting the damage to property in association with or
in furtherance of a criminal street gang; prohibiting the use of
force or the threat of force to further the interests of a criminal
street gang; exempting certain protected activities; defining terms; and establishing criminal penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 4292--A Bill to amend and
reenact §50-1-4 of the Code of West Virginia, 1931, as amended,
relating to requirements to serve as a magistrate; requiring a
bachelor degree or two years of experience to serve as a
magistrate; authorizing the Supreme Court Administrator to dismiss
magistrates from annual training; and deleting antiquated
provisions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 4312--A Bill to amend and reenact §11-10-
18 of the Code of West Virginia, 1931, as amended, specifying the
required addition to tax to be paid if the failure to timely file
the required return of a tax administered by the West Virginia Tax
Commissioner is for not more than one month from the date the
return is due.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage ofEng. House Bill No. 4327--A Bill to amend and reenact §30-27-6
and §30-27-9 of the Code of West Virginia, 1931, as amended, all
relating to the practice of beauty care; requiring the board to
establish a barber's apprentice program; and permitting the board
to license an applicant from another jurisdiction who has completed
an apprenticeship program.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 4335--A Bill to amend and
reenact §11-12-5 of the Code of West Virginia, 1931, as amended,
relating to the business registration tax, specifying that the
business registration tax and business registration certificate are
subject to the exemptions, exceptions and requirements set forth in
§11-12-3, specifying that the tax is imposed for each and every
issuance, reissuance or reinstatement of a business registration
certificate.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage ofEng. Com. Sub. for House Bill No. 4352--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §51-2-15, relating to the establishment of a
Business Court Division within West Virginia's circuit court
districts by the West Virginia Supreme Court of Appeals;
legislative findings; authorizing the designation of Business Court
Divisions within certain circuit court districts; providing for the
promulgation of appropriate rules of the Court.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 4457--A Bill to amend and
reenact §29-1-8a of the Code of West Virginia,1931, as amended; to
amend and reenact §37-13A-1, §37-13A-2 and §37-13A-5 of said code;
to amend said code by adding a new section, designated §37-13A-7;
and to amend and reenact §61-8-14 of said code, all relating to the
access to and protection of cemeteries; clarifying procedures for
protection of graves and burial sites; clarifying requirements and
procedures for access to cemeteries and grave sites located on
private land; clarifying conduct subject to criminal sanctions as
it relates to the crime of disinterment of a dead body or damage to
a cemetery.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2010, and
requested the concurrence of the Senate in the passage ofEng. House Bill No. 4593--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-8-6; to amend and reenact §18-8-1, §18-8-1a and §18-
8-4 of said code; to amend and reenact §18-9A-3a and §18-9A-21 of
said code; and to amend and reenact §62-15-4 of said code, all
relating to relating to improving student participation, success
and high school graduation rates; increasing the minimum age for
ending compulsory school attendance; reducing the number of days of
unexcused absences at which proceedings to enforce attendance
begin; establishing the "High School Graduation Improvement Act";
establishing legislative findings and intent; requiring county
board of education plan for improving student retention and
increasing graduation rate; requiring state board of education to
develop, expand and assist certain programs; increasing funding for
alternative education programs; and authorizing establishment of
additional juvenile drug courts.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 10--Requesting the Division of
Highways name the section of U.S. Route 119 that runs through
Lincoln County the "Sgt. Justin Alan Thompson Memorial Highway".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 57--Requesting the Joint
Committee on Government and Finance to conduct a study on improving
the efficiency, focus and fairness of the system for holding
schools and school systems accountable for preparing students for
college and work in the 21st Century economy.
Referred to the Committee on Education; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 58--Expressing the sense of
the Legislature that designating the annual observance of the week
following the Labor Day Holiday as Labor History Week for the State
of West Virginia will increase the awareness and understanding of labor history and the contributions of workers to the state, nation
and world.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 64--Requesting the Division of
Highways to name the new bridge located off Route 33 on Parrish
Hill Road, Jackson County, specifically bridge number 18-5/18-1.07,
the "Delmar L. Parrish Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 65--Requesting the Division of
Highways to name the 1.4 mile stretch of road off the I-79 Exit at
Amma, Roane County, West Virginia, the "Sloan Brother's Highway".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 4 (originating in the Committee
on Transportation and Infrastructure), Relating to special license
plates.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 4 (originating in
the Committee on Finance)--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to motor
vehicle registration generally; providing for the issuance of a
special CAMC Women and Children's Hospital license plate; providing
for the issuance of special registration plates for registered
nurses and licensed practical nurses; providing for the issuance of
special registration plates for War on Terrorism Service Medal and
the War on Terrorism Service Medal logo; providing for the issuance
of a special registration plate bearing the inscription "In God We
Trust"; providing for the issuance of a special Friends of Coal
license plate; providing for the issuance of a special Bethany
College license plate; providing for the issuance of a special Coal
Miner license plate; providing for the issuance of special Class G
motorcycle registration plates to members of volunteer fire
departments; and assessing a special initial application fee and a
special annual fee therefor.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationCom. Sub. for Senate Bill No. 51, Relating to child custody
plans for National Guard or military reserve parents.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 169, Relating to Economic Development
Authority loans' criteria.Senate Bill No. 510, Extending DNR license and stamp fees
sunset provision.
And,Senate Bill No. 527, Requiring State Rail Authority establish
transportation and local rail service plan.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 185, Creating WV Commercial Patent Incentives
Tax Act.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 185 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6,
§11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-
13AA-12 and §11-13AA-13, all relating generally to allowing tax
incentives when computing business franchise and West Virginia
income tax liabilities, corporate or personal, as the case may be,
for profits attributed to the use of patents directly used in a
manufacturing process or product developed in this state or for
royalties generated from patents directly used in a manufacturing
process or product developed in this state; providing short title,
legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits;
providing for forfeiture of unused credit after period of years;
allowing Tax Commissioner to prescribe rules; requiring periodic
reports by Tax Commissioner on cost and effect of tax incentives;
providing rule of construction; providing effective date; and
specifying termination date.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 235, Relating to Creative Communities
Development Pilot Program.
With amendments from the Committee on Economic Development
pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Economic Development to which
the bill was first referred.
Respectfully submitted,
Walt Helmick,Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 238, Relating to mineral rights'
benefits.Senate Bill No. 331, Clarifying certain PERS and teachers'
disability retirement qualifications.Com. Sub. for Senate Bill No. 458, Distributing minimum share
of severance tax to coalbed methane-producing counties.
And,Senate Bill No. 519, Extending Social Security benefits to
Municipal Police Officers and Firefighters Retirement System
members.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 291, Authorizing Commissioner of Highways
promulgate legislative rule relating to use of state road
rights-of-way and adjacent areas.
And reports back a committee substitute for same with the following title:Com. Sub. for Senate Bill No. 291 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
Department of Transportation; legislative mandate or authorization
for the promulgation of certain legislative rules by various
executive or administrative agencies of the state; authorizing
certain of the agencies to promulgate certain legislative rules in
the form that the rules were filed in the State Register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
authorizing the Division of Motor Vehicles to promulgate a
legislative rule relating to the denial, suspension, revocation,
restriction or nonrenewal of driving privileges; authorizing the
Division of Motor Vehicles to promulgate a legislative rule
relating to the collection of tax on the sale of a motor vehicle;
authorizing the Commissioner of Highways to promulgate a
legislative rule relating to the use of state road rights-of-way
and adjacent areas; and authorizing the Commissioner of Highways to
promulgate a legislative rule relating to the transportation of
hazardous wastes upon the roads and highways.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 324 (originating in the
Committee on Education), Establishing tax credit for repayment of
certain student loans.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 324 (originating
in the Committee on Finance)--A Bill to amend and reenact §11-21-12
of the Code of West Virginia, 1931, as amended, relating to
establishing a modification reducing federal adjusted gross income
for recent graduates of higher education institutions; and
providing for the promulgation of rules by the Tax Commissioner for
such purpose.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationCom. Sub. for Senate Bill No. 365 (originating in the
Committee on Health and Human Resources), Requiring pharmacies
provide personnel online access to controlled substances database.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 365 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
§60A-9-5 of the Code of West Virginia, 1931, as amended, relating
to updating the means of accessing the West Virginia Controlled
Substances Monitoring Program database; requiring all prescribers
or dispensers of Schedule II, III or IV controlled substances to
have online access to the West Virginia Controlled Substances
Monitoring Program database; authorizing persons or entities with
access to the database to delegate access to database to others;
limiting liability practitioners for good faith reliance on
database; authorizing the Office of the Chief Medical Examiner
access to the database; clarifying that practitioners have no duty
to access database; authorizing rules for delegation of access; and
rulemaking.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 427, Renaming and reorganizing Parkways,
Economic Development and Tourism Authority.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 427 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§17-16A-3, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-
13a, §17-16A-19, §17-16A-26 and §17-16A-29 of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia
Parkways, Economic Development and Tourism Authority; renaming the
West Virginia Parkways, Economic Development and Tourism Authority;
reorganizing the membership of the authority; redefining terms;
authorizing issuance of revenue bonds for parkway projects;
prohibiting the authority from constructing new tourism projects or
new economic development projects; clarifying certain powers of the
authority relating to parkway projects, tourism projects and
economic development projects; clarifying certain powers of the
Department of Transportation with respect to parkway projects; clarifying the power of the authority to reimburse the Department
of Transportation for costs associated with parkway projects;
clarifying certain powers of the authority with respect to real and
personal property; clarifying the powers of the authority to fix
and revise tolls for transit over certain parkway projects;
requiring notice and public hearings prior to fixing initial rates
or tolls on parkway projects; requiring an annual legislative audit
of the Parkways Authority; requiring the Parkways Authority to
provide certain information; and requiring a discount program for
purchasers of EZ Pass transponders prior to fixing initial rates or
tolls on parkway projects.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 427) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 478, Relating to Purchasing Division
functions.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 478 (originating in the
Committee on Government Organization)--A Bill to repeal §5A-3-14,
§5A-3-21, §5A-3-22, §5A-3-23, §5A-3-24, §5A-3-25, §5A-3-26, §5A-3-
37a, §5A-3-42, §5A-3-54, §5A-3-55 and §5A-3-55a of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5A-3-1, §5A-
3-2, §5A-3-3, §5A-3-4, §5A-3-10, §5A-3-10b, §5A-3-11, §5A-3-11a,
§5A-3-11c, §5A-3-12, §5A-3-15, §5A-3-18, §5A-3-19, §5A-3-35, §5A-3-
36, §5A-3-37 and §5A-3-45 of said code, all relating to the
functions of the purchasing director; procurement process;
documentation of inventory; and transportation of surplus property.
And,Senate Bill No. 596, Exempting Adjutant General and National
Guard from certain leasing and accounting requirements.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 596 (originating in the
Committee on Government Organization)--A Bill to amend and reenact §5A-10-2 and §5A-10-9 of the Code of West Virginia, 1931, as
amended, all relating to exempting the Adjutant General and the
West Virginia National Guard from state leasing and accounting
requirements.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 488, Authorizing Marketing and Communications
Office promote and sell state-related items.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 489, Determining status of recycling goals.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 493 (originating in the
Committee on Economic Development), Creating Twenty-First Century
Business Technologies Property Valuation Act.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 493 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-5, §11-
6K-6 and §11-6K-7; and to amend said code by adding thereto a new
article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4,
§11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-
13AA-10, §11-13AA-11, §11-13AA-12, §11-13AA-13, §11-13AA-14, §11-
13AA-15, §11-13AA-16, §11-13AA-17 and §11-13AA-18, all relating
generally to the West Virginia Economic Development Act of 2010, consisting of the Twenty-First Century Business Technologies
Property Valuation Act and, as to such act, specifying method for
valuation of certain property; providing for initial determination
by county assessors of whether certain property is used in a
twenty-first century business technology; specifying procedure for
protest and appeal of determination by county assessor; requiring
the West Virginia Development Office to report to the Joint
Committee on Government and Finance on the economic impact of such
valuation beginning in 2014; consisting of the West Virginia
Twenty-First Century Tax Credit Act and, as to such act, providing
short title, setting forth purpose and legislative findings;
defining terms; allowing credit and exemption from certain taxes;
providing for computation of credit, application of credit and
period for which credit is allowed; requiring application to claim
credit; requiring that new jobs be good-paying jobs with health
benefits; requiring identification of investment credit property
and recomputation of credit in event of premature disposition of
investment property; providing for forfeiture of unused tax credits
and redetermination of credit allowed; imposing recapture tax under
specified circumstances; allowing transfer of qualified investment
to successors; providing rules for interpretation and construction
of act; providing for tax credit review and accountability;
specifying effective date; and providing severability clause.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
considerationSenate Bill No. 496, Allowing Environmental Protection Council
certain rule-making authority.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 496 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §22-1-9 of the Code of West Virginia, 1931, as amended,
relating to allowing the Environmental Protection Advisory Council
to review, adopt and eliminate rules exceeding applicable federal
standards promulgated pursuant to this article; and granting
council mandatory rule-making authority.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,Chair.
The bill (Com. Sub. for S. B. No. 496), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationSenate Bill No. 505, Updating Logging Sediment Control Act.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 505 (originating in the
Committee on Finance)--A Bill to amend and reenact §19-1B-3, §19-
1B-4, §19-1B-5, §19-1B-7, §19-1B-11 and §19-1B-12a of the Code of
West Virginia, 1931, as amended, all relating to updating the
Logging Sediment Control Act; providing exclusion for ten acres or
less of privately owned land; establishing biennial licensure and
fee; and making technical corrections.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 518 (originating in the
Committee on Energy, Industry and Mining), Creating Governor's
Commission to Seize Future of Energy for America.
And reports back a committee substitute for same with the
following title:Com. Sub. for Com. Sub. for Senate Bill No. 518 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5 and §5B-8-6,
all relating to the creation of the Governor's Commission on
Shaping the Future of Energy for the United States; making
legislative findings; setting forth the members and officers of the
commission; setting the compensation and the funding for the
expenses of the commission; granting powers and duties to the
commission; requiring the commission to report to the Joint
Committee on Government and Finance and the Governor; and providing
for the termination of the commission.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 538, Defining charitable organization's
inaugural committee's disbursement of excess contributions.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 538 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-8-1a
and §3-8-5a of the Code of West Virginia, 1931, as amended, all
relating generally to elections; defining "charitable
organization"; and making technical corrections throughout.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 540, Reducing federal adjusted income for
election officials.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 540) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance, with an amendment from the Committee on
the Judiciary pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 550, Establishing driver's license restoration
program.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 550) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to
the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 554, Relating to law-enforcement certification
and training.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 554 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§30-29-1, §30-29-2, §30-29-3 and §30-29-5 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §30-29-11, all relating to law-
enforcement certification generally; expanding the responsibilities
of the law-enforcement training subcommittee and renaming it the
law-enforcement professional standards subcommittee; clarifying the
authority to decertify law-enforcement officers; establishing a
database of law-enforcement officers disciplined for certain types
of misconduct; requesting the proposal of legislative rules to set
standards for law-enforcement agencies to report certain types of
misconduct by officers to the database; and requiring that law-
enforcement agencies check the database prior to hiring an officer.
And,Senate Bill No. 556, Relating to voting procedures.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 556 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§3-1-31, §3-1-34 and §3-1-50 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §8-5-14 of said code, all
relating to elections; authorizing different hours for municipal
elections; requiring notice of changes; clarifying voting
procedures; and modifying administrative complaint procedures.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 554 and 556) contained
in the preceding report from the Committee on Government
Organization were each taken up for immediate consideration, read
a first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
considerationSenate Bill No. 565, Requiring state boards maintain permanent
public office space.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 565) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 567, Creating Nonprofit Adventure and
Recreational Responsibility Act.
And reports back a committee substitute for same with the following title:Com. Sub. for Senate Bill No. 567 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §20-16-1, §20-16-2, §20-16-3, §20-16-4, §20-16-5, §20-
16-6, §20-16-7 and §20-16-8, all relating to responsibility and
liability of nonprofit youth organizations, participants and
providers in adventure or recreational activities; providing a
short title, legislative purpose and definitions; providing the
duties and liabilities of nonprofit youth organizations or
providers; and providing duties and liabilities of participants.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under considerationSenate Bill No. 574, Declaring December 7 special memorial
day.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
Erik P. Wells,Chair.
At the request of Senator Wells, unanimous consent being
granted, the bill (S. B. No. 574) contained in the preceding report
from the Committee on Military was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Government Organization.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under considerationSenate Bill No. 592, Restricting certain rehired state
employees from previous benefits.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 592 (originating in the
Committee on Pensions)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §5-5-
2a, relating to restrictions on hiring a retired state employee.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Dan Foster,Chair.
At the request of Senator Foster, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 592) contained in the
preceding report from the Committee on Pensions was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationSenate Bill No. 597, Requiring women seeking abortion
opportunity to see fetus ultrasound image.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 597 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §16-2I-2 of the Code of West Virginia, 1931, as amended,
relating to requiring physicians or those assisting them in
performing an elective abortion to provide to the patient the
opportunity to view an ultrasound image of a live fetus or a fetus
with a fatal anomaly before performance of an elective abortion
procedure.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 597) contained in the
preceding report from the Committee on Health and Human Resources
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under considerationCom. Sub. for Senate Bill No. 606, Creating WV Ski Resort
Industry Commission.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,Chair.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under considerationSenate Bill No. 607, Adopting Uniform State Military Code of
Justice.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Erik P. Wells,Chair.
At the request of Senator Wells, unanimous consent being
granted, the bill (S. B. No. 607) contained in the preceding report
from the Committee on Military was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationSenate Bill No. 618, Relating to osteopathic physician
assistants.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 618 (originating in the
Committee on Health and Human Resources)--A Bill to amend and reenact §30-14A-1, §30-14A-2, §30-14A-3, §30-14A-4 and §30-14A-5 of
the Code of West Virginia, 1931, as amended, all relating to
osteopathic physician assistants generally; reorganizing
definitions; adopting consistent use of the term "license" in lieu
of "certificate"; modifying the preconditions for authorization to
prescribe drugs; modifying the classes of pharmaceuticals that may
be prescribed by an osteopathic physician assistant; changing the
amount of certain drugs that may be prescribed; and providing for
fees to be set by legislative rule.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 618) contained in the
preceding report from the Committee on Health and Human Resources
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Government
Organization.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 621, Allowing certain permit limits for
dischargers located upstream of public water intakes.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 621 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §22-11-7b
of the Code of West Virginia, 1931, as amended, relating to
allowing permit limits based on mixing zones for dischargers
located upstream of public water service intakes owned by that
discharger; and removing outdated language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 621) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 624, Relating to Secretary of State annual reports' filing deadlines.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 624 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §31B-2-203
and §31B-2-211 of the Code of West Virginia, 1931, as amended; to
amend and reenact §31B-10-1002 of said code; to amend and reenact
§31D-2-202 of said code; to amend and reenact §31D-15-1503 of said
code; to amend and reenact §31E-2-202 of said code; to amend and
reenact §31E-14-1403 of said code; and to amend and reenact §47-9A-
2 and §47-9A-3 of said code, all relating to business organizations
and associations generally; providing consistency of filing
deadlines for all organizations filing annual reports with the
Secretary of State; and requiring e-mail addresses for
informational notices.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 627, Increasing civil and criminal penalties
for littering.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 627) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
considerationSenate Bill No. 636, Reconstituting Commission to Study
Residential Placement of Children.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 636) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 656, Relating to special rates for
energy-intensive industrial electric power consumers.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 656 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2-1j, relating to special rates for energy-intensive
industrial consumers of electric power; setting forth legislative
findings on energy-intensive industrial consumers of electric
power; defining certain terms; enabling the Public Service
Commission to establish special rates for energy-intensive
industrial consumers of electric power; setting forth factors that
the Public Service Commission may take into consideration in
establishing special rates for energy-intensive industrial consumers of electric power, in addition to factors that may
already be considered by the Public Service Commission in its rate-
setting process; authorizing the Public Service Commission to adopt
mechanisms reasonably designed to assure appropriate flexibility
and predictability of special rates; establishing procedures for
application to the Public Service Commission for a special rate;
setting forth data and information to be included in an application
for a special rate; and establishing qualifications for eligibility
for a special rate.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 666, Transferring state agency workers'
compensation programs' duties to Insurance Commissioner.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 666) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 674, Relating to certain firefighters workers'
compensation claims.
And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 674 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §23-4-1 of
the Code of West Virginia, 1931, as amended, relating to workers'
compensation; creating a rebuttable presumption that development of
certain cancers by professional or volunteer firefighters arose out of the course of employment; and requiring the Insurance
Commissioner to study the effects of the rebuttable presumption.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 674) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under considerationSenate Bill No. 696 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §47B-10-1 and §47B-10-4 of
the Code of West Virginia, 1931, as amended, all relating generally
to limited liability partnerships; updating registration
requirements; establishing procedures for and consequences of
administrative dissolution and reinstatement; and setting notice
requirements and appellate options with regard to administrative decisions on dissolution and reinstatement.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 696) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Kessler, the bill was then referred to
the Committee on Government Organization.
The Senate proceeded to the sixth order of business.
Senator Chafin offered the following resolution:Senate Concurrent Resolution No. 42--Requesting the Division
of Highways name bridge number 30-52-17.40, located in Mingo
County, the "Bobby Lee Jarrell Memorial Bridge".
Whereas, Bobby Lee Jarrell was born August 16, 1935, in
Purtain Mines, West Virginia; and
Whereas, Bobby Lee Jarrell graduated from Burch High School in
1953, and immediately enlisted in the United States Navy; and
Whereas, Bobby Lee Jarrell had a distinguished 22 year career
in the Navy, which took him all over the world to place such as
Antarctica, Viet Nam and Korea; and
Whereas, Bobby Lee Jarrell served as a Chief Gunner's Mate and
was awarded the Navy Commendation and Navy Achievement Medals, the
Combat Action ribbon, the Navy Unit Commendation and Good Conduct
(five awards), National Defense Service, Anarctic Service, Vietnam
Service (two stars), Vietnam Campaign, Navy Expert Rifleman and
Navy Expert Pistol Shot Medals; and
Whereas, Bobby Lee Jarrell returned to Mingo County after his
Navy retirement where he served as the Manager of Maintenance for
Mingo County Schools until his retirement in 1999; and
Whereas, Bobby Lee Jarrell was married to his beloved wife
Betty, with whom he shared the joy of having their sons Michael and
Ricky and their daughter Cheryl; and
Whereas, Sadly, Bobby Lee Jarrell passed away at his home on
May 10, 2009, leaving behind a host of family and friends, and a
grateful country; and
Whereas, It is fitting, to honor the memory of Bobby Lee
Jarrell, who served his country and community honorably, by naming
bridge number 30-52-17.40, located in Mingo County, the "Bobby Lee
Jarrell Memorial Bridge"; therefore, be itResolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 30-52-17.40, located in Mingo County, the "Bobby
Lee Jarrell Memorial Bridge"; and, be itFurther Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge
as the "Bobby Lee Jarrell Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Bobby Lee
Jarrell.
Which, under the rules, lies over one day.
Senator Stollings offered the following resolution:Senate Concurrent Resolution No. 43--Requesting the Division
of Highways name bridge number 22-10-22.51, located in Lincoln
County, the "Private Brunty Willis Memorial Bridge".
Whereas, Brunty Willis was born February 26, 1924, in
Branchland, Lincoln County, West Virginia; and
Whereas, Brunty Willis enlisted in the United States Army on
June 14, 1944, and was sent to Fort Thomas in Kentucky; and
Whereas, Private Brunty Willis was deployed to Germany during
World War II to fight for his country; and
Whereas, Sadly, Private Brunty Willis was killed in action on
March 3, 1945, in Germany, while attempting to cross the Rhine
River; and
Whereas, Private Brunty Willis was awarded the Gold Star Lapel
Button on July 16, 1953; and
Whereas, It is fitting, to honor the memory of Private Brunty
Willis, who made the ultimate sacrifice for his country and state, by naming bridge number 22-10-22.51, located in Lincoln County, the
"Private Brunty Willis Memorial Bridge"; therefore, be itResolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 22-10-22.51, located in Lincoln County, the
"Private Brunty Willis Memorial Bridge"; and, be itFurther Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Private Brunty Willis Memorial Bridge"; and, be itFurther Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and the family of Private Brunty
Willis.
Which, under the rules, lies over one day.
Senators Sypolt, Williams, Oliverio, Stollings and Plymale
offered the following resolution:Senate Resolution No. 40--Congratulating the Grafton Boys'
Cross Country team on winning the 2009 Class A-AA state
championship.
Whereas, The Grafton High School Boys' Cross Country team had
an extraordinary season, in which earned it the opportunity to
participate in the 2009 Class A-AA state tournament; and
Whereas, The Grafton High School Boys' Cross Country team won
the 2009 Class AA state championship with a team score of 57; and
Whereas, The Grafton High School Boys' Cross Country team is
coached by Head Coach Eva Robinson, who is assisted by Jackie Hunt,
Steve Tennant and PD Louzy, and consists of players Drew Woodford
(Individual State Champion), Jordan Riffle, Seth Elsey, Matt
Stadelman, Shawn Altman, Zach Tennant, PJ Louzy, Briar Hickman and
Michael Daetwyler; and
Whereas, The Grafton High School Boys' Cross Country team
displayed their strong will and determination for an entire season;
and
Whereas, The Grafton High School Boys' Cross Country team will
be remembered as one of the best teams ever assembled in West
Virginia high school cross country history; therefore, be itResolved by the Senate:
That the Senate hereby congratulates the Grafton High School
Boys' Cross Country team on winning the 2009 Class A-AA state
championship; and, be itFurther Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coaches and each member of the
Grafton High School Boys' Cross Country team.
At the request of Senator Sypolt, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Williams, Sypolt, Oliverio, Stollings and Plymale
offered the following resolution:Senate Resolution No. 41--Congratulating the Grafton High
School golf team on winning the 2009 Class AA state championship.
Whereas, The Grafton High School golf team had an
extraordinary season, in which earned it the opportunity to
participate in the 2009 Class AA state tournament; and
Whereas, The Grafton High School golf team won the 2009 Class
AA state championship with a team score of 511 for a one stroke
victory over Ritchie County; and
Whereas, The Grafton High School golf team is coached by Mike
Crutchfield and his assistant Alan DePiano, and consists of players
Chris Johns, Lucas Ware, Devon Waters, J.C. Musgrove, Adam Ware,
Seth Elsey, Nick Mayle, Lindsey Moore, Bryson Phillips, John
Tokarz, Drew Musgrove and Drew Waters; and
Whereas, The Grafton High School golf team displayed their
strong will and determination for an entire season; and
Whereas, The Grafton High School golf team will be remembered
as one of the best teams ever assembled in West Virginia high
school golf history; therefore, be itResolved by the Senate:
That the Senate hereby congratulates the Grafton High School
golf team on winning the 2009 Class AA state championship; and, be
itFurther Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the coaches and each member of the Grafton High School golf team.
At the request of Senator Sypolt, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the eighth order of business.Eng. Com. Sub. for Senate Bill No. 120, Requiring certain
students provide dental exam proof.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 120) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Eng. Com. Sub. for Senate Bill No. 389, Relating to
eligibility of certain felons to receive certain federally funded benefits.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 389) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Eng. Com. Sub. for Senate Bill No. 435, Relating to
speed-detecting device use law.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 435) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Eng. Senate Bill No. 453, Providing State Register subscribers
electronic format option.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 453) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.Com. Sub. for Senate Bill No. 12, Relating to regional water
and wastewater authorities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 336, Authorizing Division of
Wildlife Resources recover possession or restitution value of
certain wild animals.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator K. Facemyer, the following amendment to
the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §20-2-5a and §20-2-7 of the Code of West Virginia, 1931,
as amended, be amended and reenacted, all to read as follows:ARTICLE 2. WILDLIFE RESOURCES.

§20-2-5a. Forfeiture by person causing injury or death of game or
protected species of animal; additional replacement costs for
antlered deer; forfeiture procedures and costs.

(a) Any person who is convicted of violating anya criminal
law of this state and the violation causes orthat results in the injury,or death or destruction of game, as defined in section two,
article one of this chapter, or a protected species of animal, in
addition to any other penalty to which he or she is subject, shall
forfeit the cost of replacing suchthe game or protected species of
animal to the state. For such purpose, replacement values for game
and protected species of animals are as follows:
(1) For each game fish or each fish of a protected species
taken illegally other than by pollution kill, $5 for each pound and
any fraction thereof;
(2) For each bear or elk, $500;
(3) For each deer or raven, $200;
(4) For each wild turkey, hawk or owl, $100;
(5) For each beaver, otter or mink, $25;
(6) For each muskrat, raccoon, skunk or fox, $15;
(7) For each rabbit, squirrel, opossum, duck, quail, woodcock,
grouse or pheasant, $10;
(8) For each wild boar, $200;
(9) For each bald eagle, $5,000;
(10) For each golden eagle, $5,000; and
(11) For any other game or protected species of animal, one
$100.(b) In addition to the replacement value for deer in
subsection (a)(3), the following cost shall also be forfeited to
the state by any person who is convicted of violating any criminal law of this state and the violation causes the injury or death of
antlered deer:
(1) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 14 inches or
greater but less than 16 inches, $1,000;
(2) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 16 inches or
greater but less than 18 inches, $1,500;
(3) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 18 inches or
greater but less than 20 inches, $2,000; and
(4) For any deer in which the inside spread of the main beams
of the antlers measured at the widest point equals 20 inches or
greater, $2,500.(5) Any person convicted of a second or subsequent violation
of any criminal law of this state which violation causes the injury
or death of antlered deer is subject to double the authorized range
of cost to be forfeited.(c)The court upon convicting such person shall order himUpon
conviction, the court shall order the person to forfeit to the
state the proper amount based on the values set forth herein for
amount set forth in this section for the injury or death of the
game or protected species of animal the injury, death or
destruction of which he caused or which resulted from his criminal act. If two or more defendants are convicted for the same
violation causing, or resulting in, the injury,or death or
destruction of game or protected species of animal, the forfeiture
shall be declared against them jointly and equallypaid by each
person in an equal amount. The forfeiture shall be paid by the
person so convicted and ordered to pay the forfeiture within the
time prescribed by the court, but not exceedingnot to exceed sixty
days. In each instance, the court shall pay suchthe forfeiture to
the state Treasury where it shall be credited to the Division of
Natural Resources to be deposited into the License Fund- Wildlife
Resources (3200) and used only for the replacement, habitat
management or enforcement programs for injured,or killed or
destroyed game or protected species of animal.

§20-2-7. Hunting, trapping or fishing on lands of another; damages
and restitution.

(a) It is unlawful for any person to shoot, hunt, fish or trap
upon the fenced, enclosed or posted lands of another person; or to
peel trees or timber, build fires or do any other act in connection
with shooting, hunting, fishing or trapping on such lands without
written permission in his or her possession from the owner, tenant
or agent of the owner.
(b) Any person who hunts, traps or fishes on land without the
permission of the owner, tenant or agent of the owner is guilty of
a misdemeanor and liable to the owner or person suffering damage for all costs and damages for: (1) Killing or injuring any
domestic animal, or fowl, or captive cervids; (2) cutting,
destroying or damaging any bars, gates or fence or any part of the
property; or (3) leaving open any bars or gates resulting in damage
to the property.(c) Restitution of the value of the property or animals
injured, damaged or destroyed shall be required upon conviction
pursuant to sections four and five, article eleven-a, chapter
sixty-one of this code. The restitution ordered for captive cervids
shall be equivalent to or greater than the replacement values for
deer listed in section five-a in this article.(c)(d) The owner, tenant or agent of the owner may arrest a
person violating this section and immediately take him or her
before a magistrate. The owner, tenant or agent of the owner is
vested with the powers and rights of a conservation officer for
these purposes. The officers charged with the enforcement of the
provisions of this chapter shall enforce the provisions of this
section if requested to do so by the owner, tenant or agent of the
owner, but not otherwise.(d)(e) The provisions of subsections (b)(c) and (c)(d) of
this section related to criminal penalties and being subject to
arrest are inapplicable to a person whose dog, without the person's
direction or encouragement, travels onto the fenced, enclosed or
posted land of another in pursuit of an animal or wild bird: Provided, That the pursuit does not result in the taking of game
from the fenced, enclosed or posted land and does not result in the
killing of domestic animals or fowl or other damage to or on the
fenced, enclosed or posted land.
The bill (Com. Sub. for S. B. No. 336), as amended, was then
ordered to engrossment and third reading.Com. Sub. for Com. Sub. for Senate Bill No. 396, Updating
commercial driver's license requirements.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Com. Sub. for Senate Bill No. 398, Prohibiting
landfill disposal of certain electronic devices.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 446, Clarifying deceased public
employees' survivors participate in comprehensive group health
insurance plans only.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 471, Increasing circuit clerks'
copying charge.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 483, Authorizing HMOs offer point of service option.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Senate Bill No. 526, Finding and declaring certain claims
against state.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Senate Bill No. 553, Extending time to purchase full service
credit in Teachers' Defined Contribution Retirement System.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Senate Bill No. 602, Repealing outdated and obsolete sections
of tax code.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:Com. Sub. for Com. Sub. for Senate Bill No. 219, Relating to
managing state motor vehicle fleet.Com. Sub. for Senate Bill No. 368, Authorizing excess Courtesy
Patrol funds be transferred to Tourism Promotion Fund.Com. Sub. for Senate Bill No. 447, Providing certain nonstate
retirees responsible for PEIA costs.Com. Sub. for Senate Bill No. 449, Relating to PEIA
preexisting conditions limitations.Com. Sub. for Senate Bill No. 494, Providing fiduciary
commissioner oversight.Senate Bill No. 583, Updating references to Information
Services and Communications Division.Senate Bill No. 584, Relating to Center for Nursing's data
collection policy.Senate Bill No. 595, Extending vesting period for subdivision
and land development plans.Senate Bill No. 604, Extending mental hygiene procedures'
sunset provision.
And,Eng. Com. Sub. for House Bill No. 4128, Relating to insurance
companies deemed to be in hazardous financial condition.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 26, 2010, at 11 a.m.